Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
January 21,
2008 at 7:00 P.M.
Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright, Code Enforcement Officer Woodbury, Legislators Barmore & Nazzaro.
Supervisor Miller opened the
meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.
MOTION
by Supervisor Miller, seconded by Councilman Heintzelman to accept the minutes
of the December 17, 2007 meeting as presented by the Town Clerk with the
following amendment to RESOLUTION #106-07:
ADD: and, furthermore, that section 384-e be made
available to each police employee by the Town for a window period of one (1)
year commencing January 1, 2008 and closing December 31, 2008.
(Beckerink & Lodestro Abstained.)
MOTION
by Supervisor Miller, seconded by Councilman Heintzelman to accept the minutes
of the January 1, 2008 meeting as presented by the Town Clerk with the
following correction to RESOLUTION #26-08:
Deputy Supervisor should be Councilman Heintzelman, not
Councilman Miller.
Supervisor Miller opened a Public
Hearing on proposed Local Law #1-2008 to facilitate enforcement of updated
sections of the New York State Uniform Fire Prevention and Building Code,
and to set fees for annually required operating permits at $200.00 per
year.” No public comments were
heard.
MOTION by Supervisor Miller,
seconded by Councilman Heintzelman to close the Public Hearing at 7:04 PM.
PRIVILEGE OF THE FLOOR
Recently elected Chautauqua Co. Legislator for District 15, Charles Nazzaro introduced himself to the Town Council. He encouraged the Council to contact him any time to discuss county issues that might be pertinent to the Town of Ellicott.
Town Clerk Erlandson read the
following items into the record:
1.
Notice
of application for liquor license renewal at the Fountain Bowl, 3316
Fluvanna Ave.
2.
Invitation
to Chautauqua County Mayors & Supervisors Association dinner and
meeting to be held on Jan. 31, 2008.
3.
Notice
of an “open house” reception honoring Ruth Rowley, recently retired Supervisor
of the Town of Poland.
4.
Falconer
Fire Chief’s Report: December 2007.
5.
Newsletter:
Chaut. Co. Chamber of Commerce.
TOWN OFFICERS’ REPORTS
Councilman
Lodestro reported that he has scheduled
regular meetings of the Ellicott Public Safety Committee for the second
Wednesday each month. He added that he
has also scheduled regular meetings of the Ellicott Facilities Committee for
the second Thursday each month.
Mr. Lodestro also reported that he is in the process of
reviewing the fire contracts with the three (3) fire departments operating in
the Town of Ellicott.
Mr. Lodestro also updated the Council on the status of the
Lyndon Blvd. project. He noted that the
final report for the project has been submitted to the NYS Thruway Authority. If accepted, the Thruway Authority
will reimburse the Town approximately $24,000.00.
Councilman
Heintzelman asked Town Clerk
Erlandson to look into the possibility of paying property taxes semi-annually.
Mr.
Heintzelman also reported that he
has learned of a business that might be interested in opening a facility in an
Industrial Park in the Town of Ellicott.
However, he noted that the business would involve retail sales and, at present,
Section 146-42 of the Town Code stipulates that “commercial sales and services”
are not permitted in Industrial Parks.
Mr. Heintzelman feels that the Council should consider amending the
code. Code Enforcement Officer Woodbury
commented on the matter. He recommended
that the Town Council direct the Ellicott Planning Board to review the code.
MOTION by Councilman Heintzelman, seconded by
Councilman Beckerink requesting the Town of Ellicott Planning Board to review
Section 146-42 of the Town of Ellicott Code regarding permitted uses in
Industrial Parks.
Carried. Ayes - 5 Noes - 0 Absent - 0
Town Clerk Erlandson reported that he would be collecting property taxes at the Celoron Village Hall on Saturday, Jan. 26, 2008 from 10:00 AM – 2:00 PM.
Mr. Erlandson also reported that he is looking into replacing the Town’s municipal accounting computer software. He stated that he has contacted several companies that market financial accounting software to schedule demonstrations of their products. He stated that the cost of the software would be $5,500.00 to $12,000.00.
Attorney Wright reported that the
abandonment of a section of property located near 100 Lakeside Blvd. has been
completed. (Minutes 7/16/07 et. seq.) He reminded the Council that the
property was deeded to Ray Dorman.
Mr. Wright also reported that the Ellicott Planning Board has recommended that the Town Council proceed with the rezoning of property located on Dunham Ave. (Minutes 10/29/07)
Highway Superintendent Shellhouse reported that he has received the skid for the new pump station in West Ellicott. Construction will begin this spring.
Supervisor Miller reported that the Town is in the process of converting the Town Code to an electronic format. He explained that converting the code would facilitate management of the code & also reduce annual maintenance costs. The cost of converting the code is $1,700.00.
Mr. Miller stated that the Town of Ellicott successfully completed its 2007 re-assessment of property in the Town of Ellicott.
Mr. Miller reported that Dunn Tire recently opened a new facility at 685 Fairmount Ave. He welcomed them to the Town of Ellicott.
Local Law #1-2008 (Revisions
in NYS Building Code) – Code
Enforcement Officer Woodbury explained that he and Attorney Wright are working
on bringing the Town Code into compliance with the New York State Uniform Fire Prevention and
Building Code. Tabled pending further review.
NEW BUSINESS
Easement Request from Sacred Heart Church & Real
Estate Advantage – Supervisor Miller reported that the Town
has received easement requests from Sacred Heart Church, Lakewood, NY
& Real Estate Advantage, 800 Fairmount Ave. for the use of unopened
sections of First and Second Streets in the Town of Ellicott. The streets are currently “paper
streets”. The Town Council discussed
the matter. Attorney Wright commented on
the requests. He advised against
permanently abandoning the “paper streets”.
However, he stated that he would not be opposed to granting temporary,
“non-exclusive” easements provided the applicants have compelling reasons for
requesting the easements. Attorney
Wright will review the matter. Tabled
pending further review.
RESOLUTION #31-08
Budget Transfers & Appropriation
MOTION by Supervisor Miller, seconded by Councilman
Heintzelman authorizing Town of Ellicott Supervisor to make budget transfers
& appropriations in the following accounts for fiscal year 2007:
From: DA5120.100 (Bridges –
Personal Services) 50,120.01
To: B4020.100 (Vital
Statistics – Personal Services) .22
From: B4020.400 (Vital
Statistics – Contractual) .22
To: B8010.100 (Zoning –
Personal Services) 859.70
To: B8020.100 (Planning –
Personal Services) 665.82
To: B8560.400 (Shade
Trees) 23.95
To: B9010.800 (State
Retirement) 142.00
To: B9030.800 (Social
Security) 668.72
From: B9060.800 (Hospital & Medical) 2,360.19
To: B3620.400 (Safety
Inspection - Contractual)
4,942.73
From: B3620.100 (Safety Inspection
- Personal Services) 4,942.73
To: A1220.100 (Supervisor
– Personal Services) .12
From: A1220.400 (Supervisor - Contractual) .12
To: A1330.100 (Tax
Collection – Personal Services) .06
A1410.100 (Town
Clerk – Personal Services) 1,625.35
From:
A1330.400 (Tax Collection – Contractual) 1,626.41
To: A1620.100 (Buildings
– Personal Services) 9,950.45
From: A1990.400 (Contingency) 9,950.45
To: A3120.100 (Police –
Personal Services) 147.12
From: A3120.400 (Police –
Contractual) 147.12
To: A3510.100 (Dog
Control – Personal Services) .04
From: A3510.400 (Dog Control –
Contractual) .04
To: A7510.400 (Historian
- Contractual) 100.92
From: A1620.400 (Buildings -
Contractual) 100.92
To: A9030.800 (Social
Security) 1,321.72
From: A9060.800 (Hospital &
Medical) 1,321.72
To: A1010.100 (Town Board
– Personal Services) 134.78
To: A1110.400 (Justice –
Contractual) 290.67
To: A1320.100 (Accounting
– Personal Services) 49.98
To: A1420.400 (Attorney –
Contractual)
14,479.22
To: A1355.400 (Assessing
– Contractual)
4,863.45
From: A1110.100 (Justice- Personal Services) 19,818.10
To: A1355.400 (Assessing
– Contractual) 8,311.00
From: A1355.100 (Assessing –
Personal Services) 8,311.00
Appropriate
the amount of $12,606.05 to Account #DB5112.2 (Unanticipated Revenues)
Payment of Claims
MOTION by Councilman Lodestro, seconded by Councilman Beckerink to pay 2007 current claims #1411-1421,
inclusive, in the amount of $6,812.20 and charge to the proper fund or account;
and, further, to pay 2008 current claims #1-72, inclusive, in the amount
of $367,344.52 and charge to the proper fund or account.
RESOLUTION #33-08
Executive Session (Pending
Litigation)
MOTION by Supervisor Miller, seconded by Councilman Lodestro to convene Executive
Session for the purpose of discussing pending litigation. 7:56 PM – 8:28 PM.
Motion
by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 8:28 PM.
_________________________________
Michael C. Erlandson, Town
Clerk